On May 30, 2023, the Bureau of Ocean Energy Management announced its final environmental assessment considering the effects of site characterization and site assessment activities associated with the leasing of federal waters in the Gulf of Mexico for offshore wind development. BOEM’s issuance of the final environmental assessment is one of the last steps before it holds the first-ever offshore wind lease auction in the Gulf of Mexico, which is anticipated to occur in fall 2023.

The U.S. District Court for the District of Massachusetts granted the government’s motion for summary judgment on May 17, 2023, in a case seeking to invalidate agency approvals of the first utility-scale offshore wind project in the United States.

The Internal Revenue Service published guidance on April 17, 2023, in the form of a Notice of Proposed Rulemaking, detailing the critical minerals and battery components requirements under Section 30D, enacted by the Inflation Reduction Act of 2022.

The development of clean hydrogen—a key component to meeting the Biden Administration’s ambitious clean energy goals—was bolstered this week by the Administration’s announcements of the Pathways to Commercial Liftoff: Clean Hydrogen report and of $750 million in funding for research, development, and demonstration of clean hydrogen technologies. Because of its reliance on renewable energy, green hydrogen presents a significant opportunity for the offshore wind industry. As highlighted in the White House Ocean Climate Action Report, released on March 21, 2023, offshore wind development is a priority in the United States, with the Administration’s goal to deploy 30 gigawatts of offshore wind by 2030 and 15 GW in floating offshore wind by 2035.

Two climate-related regulatory programs impacting business and industry in Washington state took effect on January 1, 2023. First, the Climate Commitment Act (CCA) introduces an economywide emissions cap-and-invest program. Second, the Clean Fuels Program will regulate transportation emissions. Together, these programs are intended to help the state reach ambitious statutory emissions reductions targets, including a goal of achieving a 95% reduction in greenhouse gas emissions below 1990 levels by 2050.

The Internal Revenue Service published a fact sheet clarifying changes in federal clean vehicle tax credits enacted through the Inflation Reduction Act in August 2022.

The U.S. Environmental Protection Agency and the U.S. Department of the Army jointly announced on December 30, 2022, the latest final rule that attempts to define “waters of the United States” under the Clean Water Act. The Rule will take effect 60 days after its publication in the Federal Register.

The Council on Environmental Quality published guidance on how to evaluate greenhouse gas emissions and climate change under the National Environmental Policy Act.

The California Air Resources Board, on August 25, 2022, voted to adopt the lengthy and complex second iteration of the state’s ambitious zero-emission vehicle regulation now set to fully phase out the sale of conventional gas-powered vehicles by 2035.

Governor Gavin Newsom announced a revamped water strategy on August 11, 2022, in response to updated projections that California could witness a 10% reduction in water supply by 2040 due to the accelerated impacts of climate change.

President Biden signed into law the Inflation Reduction Act on August 16, 2022, which, among other things, uses the tax code to slow the effects of climate change by significantly investing in clean energy and reducing of greenhouse gas emissions by 40% by 2030.

The Bureau of Ocean Energy Management published its notice of intent on Friday, July 15, 2022, to prepare a programmatic environmental review to analyze the potential impacts of wind energy development activities in the New York Bight—offshore New York and New Jersey.

Gov. Newsom signed AB 205 into law on June 30, 2022, a legislative effort that significantly expands the California Energy Commission’s jurisdiction and encourages the development of new clean energy projects.

The U.S. Supreme Court’s recent decision in West Virginia v. Environmental Protection Agency curtailed the agency’s authority to regulate emissions from power plants through rules shifting electricity generation from coal to more renewable sources.

Stacey Bosshardt and Megan McLean co-authored Climate Change and the Biden Energy Agenda Part I: Infrastructure, the first article in two-part series in the PLI Chronicle about the Biden Administration’s climate change agenda.

Seemingly every other week, another company pledges to reduce greenhouse gas emissions, and to achieve net-zero emissions by 2050 or sooner. These efforts are to be applauded.

On April 14, 2022, the Federal Energy Regulatory Commission accepted a “State Agreement Approach” Agreement between PJM Interconnection, LLC and the New Jersey Board of Public Utilities effective April 15, 2022.

President Biden, on March 31, 2022, invoked the Defense Production Act to secure reliable supply chains for minerals essential to a clean energy transition.

The Bureau of Ocean Energy Management (BOEM) released its final sale notice (FSN) for two lease areas totaling 110,091 acres in the Carolina Long Bay Area on March 25, 2022.

Offshore wind energy development received a huge dose of momentum at the end of February, as the Bureau of Ocean Energy Management (BOEM) held the largest offshore wind lease sale ever in the United States.

The U.S. Securities and Exchange Commission on March 21, 2022, proposed detailed and wide-ranging requirements for publicly traded companies to disclose their greenhouse gas (GHG) emissions and climate risks in their registration statements and annual or other periodic reports.

A New Jersey based nonprofit organization, Save Long Beach Island, and its president sued in the U.S. District Court for the District of Columbia in January 2022.

The U.S. Environmental Protection Agency, on March 14, 2022, issued both a final rule incorporating revised ASTM International standard practices, ASTM International’s E1527–21 ‘‘Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process,’’ and a proposed rule soliciting comment on this action.

Offshore wind development in the United States continues to draw opposition from coastal landowners, businesses, organizations, and other users of ocean waters, as it has since the industry first emerged here.

President Biden signed an executive order on December 8, 2021, directing the federal government to use its scale and procurement power to slash its carbon emissions by 65% by 2030 and achieve net-zero emissions by 2050

President Biden signed an executive order on December 8, 2021, directing the federal government to use its scale and procurement power to slash its carbon emissions by 65% by 2030 and achieve net-zero emissions by 2050.

The Infrastructure Investment and Jobs Act, signed into law by President Biden on November 15, 2021, has the potential to transform the surface transportation sector in the United States.

The 26th United Nations Climate Change Conference of the Parties, wrapped up earlier this month in Glasgow, Scotland, after two weeks of negotiations. This update discusses how international agreements and U.S. policy announcements coming out of COP26 will affect businesses and provide opportunities in the months and years ahead.

The $1.2 trillion Infrastructure Investment and Jobs Act, which President Biden signed into law today, and the proposed $1.75 trillion Build Back Better Act (H.R. 5376) each set aside historic investments in clean energy.

Under the new leadership of Director Jigar Shah, the U.S. Department of Energy’s Loan Programs Office (LPO) has announced that more than $40 billion is available in loans and loan guarantees to fund innovative energy infrastructure projects.

Governor Gavin Newsom signed a $15 billion legislative package on September 23, 2021, funding efforts to combat climate change in California over the next three years.

The secretary of the interior issued two Secretarial Orders on April 16, 2021, that provide early indications of the Biden administration’s approach to the environmental review process for infrastructure projects under the National Environmental Policy Act.

On March 22, 2021, FERC took a step toward reforming the way in which it analyzes greenhouse gas (GHG) emissions for purposes of natural gas pipeline certificates. However, FERC did so via a certificate order rather than a revised policy statement, as many had anticipated, and garnered sharply dissenting opinions from two commissioners as a result.

Over the past few weeks, the U.S. Securities and Exchange Commission has taken several actions that put climate change front and center, reflecting the importance to many investors of climate change related disclosures. 

In May of 2019, the Clean Energy Transformation Act (CETA) became law in Washington state and set bold decarbonization and renewable energy mandates for electric utilities

In a split decision issued on January 16, 2020 the Washington State Supreme Court ruled that the Department of Ecology lacks authority under the state’s Clean Air Act (CCA) to cap greenhouse gas emissions from indirect emitters like natural gas and petroleum product distributors.

Matt Rojas and Ted Boling participated in a panel entitled “The Future of NEPA—the Status and Future of New NEPA Rules” on a recent ABA-sponsored webinar.

This presentation discussed the major issues in the Council on Environmental Quality's (CEQ) 2020 final rule updating the National Environmental Policy Act (NEPA) Implementing regulations, the CEQ process to "consider suspending, revising, or rescinding," the 2020 rule under Executive Order 13990, and recommendations on which provisions from the 2020 rule should be retained or modified.